ON
AMERICA'S WAR ON TERRORISM
THE RIGHTS OF ALIENS MUST END
WHERE THE RIGHT TO AMERICAN SECURITY BEGINS.

by
Michael J. Wildes, Esq.
Transcribed from The Bergen Record - 9/23/01

Back
in June, I was invited to Governor George Pataki's press conference to
announce New York's newly established Terrorism Commission. When
I proposed later that month that my home state of New Jersey follow suit,
I never imagined we would be facing the most devastating terrorist attack
ever seen on our soil only two months later.

As an immigration lawyer who has dealt with terrorists and defectors to
ensure they provide the United States intelligence community with difficult
to attain information on terrorist activities, my job utilizes immigration
law to battle an elusive enemy ensconced in secrecy.

More
than once, it was called a "war" at that press conference; but I doubt
anyone there realized then just how prescient the use of that verb would
be. Such was the height of the wall of denial in our land only months
ago -- even among those in the forefront of the fight.

Exactly
ninety days later, two hundred and twenty stories of our denial burned,
crumbled and collapsed as our nation looked on in horror. By the
time the smoldering gray air had drifted past the Statue of Liberty a
few thousand feet away from ground zero, Americans knew they now lived
in a world very different than the one they did only hours before. By
sunset, few thinking people could deny the severity of the crisis America
now faces.

We
must all stand united in support of our President and our Congress as
our military leaders. But we must never forget that a war against
terrorism cannot be won if we fail to identify and address our vulnerabilities
to prevent future terrorist attacks. Preventing terrorism is more effective
than chasing and punishing the terrorists after an assault occurs.
While the United States military plays a significant role in this prevention
effort, the most powerful weapons we have to prevent terrorism from abroad
are embedded in United States immigration law.

The
hard work of immigrants, my grandparents among them, built America's strength.
Our greatness is a direct result the contribution immigrants made then
and make now. Atrocities inflicted upon us by forces from outside
our boarders will tear America apart if as a result we assault one another
from within. Our strength is rooted in the unity of our people comprised
of all races, creeds, and ethnicities. The evil of any terrorist's
acts do not necessarily reflect his nationality, as American terrorist
Timothy McVeigh illustrates all too well. Today, Americans rebelling
against terrorism by taking innocent Moslem lives in our country only
add to the heartbreak of a growing body count of the real terrorist's
victims.

Yet,
in the case of this unforeseen external breech of national security, United
States immigration law should be applied with a reasoned sliding scale
of legal rights. Potential victims of terrorism must be accorded
the highest degree of protections. While I am an advocate for the
rights of aliens who make a significant contribution to our country, I
cannot advocate that their rights stand equal to ours in a time of peril.

On
September 11th there was a seismic shift felt in America. Priorities changed
dramatically. We can no longer indiscriminately hold ourselves out as
the beacon of freedom to the world if it means compromising our safety
in arguably the darkest moment in American history.

A
case in point is Zadvyas vs. Davis. In this recent decision, our
country's highest court determined that it was unconstitutional for illegal
aliens to be detained indefinitely, or even be detained for more than
six months in the United States when no other country would accept them.
Doing so, the court ruled, violated their rights under our Constitutional
protection of Due Process. The fact that the court's decision would
permit convicted criminals to go free was not found legally relevant.

In
effect, the Supreme Court made it the law of the land for illegal aliens
to share the Constitutional protections penned for American citizens.
To be sure, no Justice in that case could possibly have pondered that
any of these released illegal aliens might potentially inflict upon the
United States of America destruction of the magnitude we recently
sustained.

The
wrong parties have taken advantage of our rights.

The
terrorist we hold accountable for our sorrow is harbored by Afghanistan
under the guise of protecting his rights. At home, we question how our
cherished rights were extended to his fanatical followers here.
The potential harm of porous immigration law, like that created in Zadvyas,
must be examined with scrutiny in the unfolding debate over the role immigration
law plays in the protecting America from this once unimaginable terrorist
threat. There can be no partisan divide when it comes to strengthening
our immigration law, only a cohesive patriotic effort.

We
cannot resort to extremism to fight terrorism by extremists. But basic
common sense dictates that until we ascertain that we are again reasonably
secure, we cannot freely give the benefits of our rights to aliens presenting
even the slightest potential threat to us.

This
will be unfair to the small number mistakenly suspected innocent people
rejected entry to the United States. Yet, that minor injustice to them
pales in comparison to any further slaughter of our loved ones.

In
employing our immigration law to combat terrorism, the United States cannot
be bound by the same blindfold the rest of our justice system uses for
fair judgment. It makes a mockery of our Constitution to extend
rights to aliens who may pose a serious threat to the very Americans who
fought protect them.

In
1903 the sonnet "The New Colossus", by American poet Emma Lazarus, was
inscribed at the base of the Statue of Liberty to articulate why America
welcomed immigrants. In part, it reads: "Give me your tired, your
poor, your huddled masses yearning to breathe free..." Our President,
Congress and Supreme Court must reject the notion that it was the intent
of our Constitution's authors to effectively include "your hardened criminals
and your terrorists" in that verse.

ABOUT
MICHAEL J. WILDES:

A
former federal prosecutor, Mr. Wildes is renowned as an immigration attorney
for his instrumental role in obtaining terrorist secrets from the only
terrorist implicated in the Khobar Towers bombing that killed 19 U.S.
servicemen. In another case, Mr. Wildes was put under government
protection because his efforts resulted in his being targeted for assassination.
Mr. Wildes also serves as a Councilman in Englewood, New Jersey.